Contract Administration

After the negotiation of the labor agreement, managers, personnel and labor relations professionals should practice effective methods for developing a winning labor strategy. Learn the rules that govern contract administration, grievance handling, the administration of discipline, and labor arbitration.

This class has been pre-approved by the Society for Human Resource Management for 14 Professional Development Credits (PDCs) towards the SHRM-SCP or SHRM-CP.

Instructor

Gary A. Marsack is a member of the board of directors, senior attorney and a senior shareholder of the law firm of Lindner & Marsack. A substantial part of his legal work with the firm involves the representation of national clients ... read more

Course Outline/Topics

Program Agenda

Day 1

8:30-12

The Role of the Frontline Supervisor

Mid-Contract Term Bargaining

Learn about the National Labor Relations Act as it applies to

Applicable Statutory Provisions

Mandatory vs. Voluntary Bargaining Subjects

Bad Faith Bargaining and an Employer’s Right to Communicate

the Right of Employee to have Union Representation

1-4

Sample Contract Language

Learn about Management Rights Clause

Understand the grievance procedure

Understand strikes and lockouts

Guidelines for Grievance Avoidance and Handling of Grievances

Determine what a grievance is and the general cause of grievances

Understand specific causes of grievances

Learn how to recognize and prevent causes of grievances

Day 2

8:30-12

Adjusting Grievances-Role of the Supervisor and Other Management Representatives

Understand the guiding principles:

Listening to a grievance

Putting the grievance at ease

Discussing the grievance

Getting the facts

Considering the grievant’s viewpoint

Evaluating fact and opinion

Making and communicating the decision

Maintaining the Grievance Records

Learn about processing Grievances at the Initial Steps of the Grievance Procedure

1-4

The Disciplinary Process

Understand the discipline in a company

Learn about the steps in progressive discipline and why to practice a system of progressive discipline

Understand “just cause” for discipline

Preparation of a Case for Arbitration and an Overview of the Process

Learn what preliminary measures must be taken

Selection of an Arbitrator

Hearing Site

Use of Verbatim Transcripts

Learn about the evidence and proof in arbitration

Burden of Proof, Order of Proof

Understand how to prepare the evidence

Develop knowledge of the procedural protections

Determine how to present a case to an arbitrator

Understand the guidelines for testifying as a witness

Testimonials

"Gary Masack was one of the best teachers I’ve had yet. He was very knowledgeable about labor law and very helpful and insightful. He enjoyed getting the class involved and used great case studies to keep us all engaged and thinking." — Cody Brumley, Bimbo Bakeries USA, 2017